The Board has remanded the Veteran's claims for service connection for right lung nodules, left lung nodules, pleural thickening, and pulmonary fibrosis due to pre-decisional failures of duty to assist in obtaining missing service treatment records and inadequate examinations. The VA is required to undertake additional efforts to obtain these records and prepare a TERA memorandum addressing the Veteran's exposure to herbicide agents (Agent Orange) and asbestos in service.
The deciding factor: The Board found that the pre-decisional failures of duty to assist necessitated remand due to inadequate examinations and failure to adequately search for missing service treatment records, including those from the Veteran's second period of service.
- Claimed conditions
- right lung nodules, left lung nodules, pleural thickening, pulmonary fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062919
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24062919.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for pulmonary fibrosis as there is no evidence of a current diagnosis.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining signed consent forms and an adequate medical opinion regarding the Veteran's lung complications.
- Granted
The Board has granted service connection for a respiratory disorder, including interstitial lung disease, pulmonary fibrosis, asthma, and pulmonary asbestosis, due to in-service asbestos exposure.
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